Penpa Tsering to file contempt procedure against Tibetan Cabinet

Signboard above the Cabinet building of the Central Tibetan Administration on 15 November 2019.
Tibet Sun/Lobsang Wangyal

By Lobsang Wangyal

McLEOD GANJ, India, 16 November 2019

Following the failure of the Lobsang Sangay-led cabinet of the Central Tibetan Administration (CTA) to uphold the Tibetan Supreme Justice verdict requiring an apology to Penpa Tsering, the plaintiff is planning to file contempt proceedings against the Tibetan administrators.

The Cabinet refused to answer a request by the members of the press for clarification concerning insubordination of the judgment.

The court’s orders were to be fulfilled by the 13th of November, and the report of compliance to be submitted to the office of the Supreme Justice Commission by the 15th. The Cabinet submitted the report and the same had been sent to plaintiff Penpa Tsering by the court. The Cabinet paid Tsering’s lawyer fees of 98,000 rupees ($1,400 USD approx) as per the order.

Penpa Tsering responded to questions from Tibet Sun regarding the documents he received from the office of the court, saying that the Cabinet had not issued an apology as mandated by the court, in what has become known as Case no 20, which has become the biggest court case in the exile Tibetan community.

Speaking to Tibet Sun, Penpa Tsering said that he will appeal under civil procedure Articles 51 and 84 of the Tibetan judiciary for willful breach of the verdict given by the Tibetan court on 14 October which vindicated Tsering of all the charges, which amounted to defamation by the exile Tibetan cabinet.

Article 51 (B)(2) pertains to abrogating election rights by the court in case of non-compliance of its verdict. Article 84 (B)(2) concerns contempt of court.

An official of the Tibetan Supreme Justice Commission explained that it is up to the plaintiff to appeal regarding non-compliance. An appeal can be filed within 30 days for court’s action.

Penpa Tsering explained that the Cabinet was ordered to publish an apology for tarnishing his image. “The Cabinet failed to offer its apology for damaging my image, in both Tibetan and English in all their publications.”

He further said that the Cabinet is sowing seeds of discord in society. “The language the Cabinet has used, such as — the verdict as “unsatisfactory” and “There are also large number of petitions from general public expressing feelings of sadness” creates doubt in the minds of the people.

“Should the Cabinet fail to comply, what will be the status and the credibility of the Tibetan judiciary?”

Both the plaintiff and the defendant had signed an agreement to comply with the ordinance. “There will be no arbitration without the agreement.”

In November 2017 Penpa Tsering was removed from the post of Representative of the Dalai Lama in Washington DC on grounds of dereliction of duty, insubordination, and deficit of trust. The Cabinet then issued at 10-point justification of the removal, saying he failed to live up to their expectations.

PT didn’t dispute the Cabinet’s power to dismiss him, but challenged the ten points, saying they were baseless, and damaging to his image. He then filed a defamation case after Sangay asked him to go to court.

There may be a constitutional crisis in case of non-compliance to the verdict, if the Cabinet stick to their decision.

“Would the Cabinet be qualified to function if the Supreme Justice Commission takes action according to civil procedural rules?” asks Penpa Tsering.

Comments

There are 36 comments so far.

36.

Passang, from California, US, says:on 23 November 2019 at 5:19 pm

It’s the arrogance of Syikong Lobsang Sangay and our Kashag or ministers are spineless or selfish not to oppose Syikong when LS is doing wrong. It’s nothing but shame of this current administration let by Lobsang Sangay. They are following typical Indian Politics. This administration has saddened thousands of people both inside and in exile.

35.

A Marginalized NY Khampa, from New York , says:on 23 November 2019 at 12:48 am

I don’t understand why people hate Lobsang Sangay so much. Who did we have so far more good-looking and effective than him? Samdhong Rinpoche? No. Juchen Thupten? No. Tethong Namgyal? No? None of them could speak English properly for god’s sake, let alone be privy to secret workings of the international institutions.

LS’s biggest achievement is economy and jobs. We all need money, love money, and want a decent standard of living. CTA staffs survived on 10,000 INR before LS. Now everyone enjoys 20,000 INR as basic salary, in addition to the staff quaters.

I don’t see anyone more capable than LS for the next president. Maybe Kaydor Aukatsang, Dadon Sharling, Youdon Aukatsang, Tenzin Pekkyi may give it a try.

34.

We the people, from Kollegal , says:on 22 November 2019 at 2:35 am

Kalons: Make a choice. Loyalty to LS or to sacred Constitution.

We the people will make our judgement about you based on the choice you make.

Easy choice. It is for you to choose your nation or a demented individual.

So here you go, make the decision by resigning from your post to uphold the constitution, now that LS decided to trample our constitution blessed by His Holiness the Dalai Lama.

33.

Sonam Tashi, from Virginia , says:on 20 November 2019 at 11:51 pm

Long story short, this Kashag killed the Tibetan Democratic System. LS once said “We Tibetan never had a county… Tibetans in Tibet do not seek Democracy.” Now LS is putting his words into action, and some of his supporters are still getting fooled by his tricky words.

This LS-led Kashag should resign immediately on moral ground. They broke the supreme oath taken at the time they took over their respective offices. I cannot even believe how thick-skinned these people are to show their faces to His Holiness and the Tibetan people after such a blunder and immoral actions.

32.

tsering, from USA, says:on 20 November 2019 at 8:39 pm

I do not understand why LS and Kashag accepted the verdict for payment of Lawyer and are not accepting the Verdict to apologise to PT. LS and the Kashag go around and talk about democracy and unity, but they never put into action their own words. This Kashag is a puppet and they have no backbone; they need to stand up and respect the verdict. If unable to do so, then resign from Kashag, otherwise all the people will laugh when you start talking about democracy. If you follow the verdict it will strengthen the Kashag and people will pay greater respect to LS and his Kashag. It is shame that you are putting personal ego above country.

31.

Sheyoun, from US, says:on 20 November 2019 at 1:37 am

I cast my vote for LS out of high expectations for our Tibetan cause and that he would fulfill in inviting His Holiness to Tibet as he promised and assured us Tibetans. But since he stirred all the unity by taking personal revenge on PT, disregarded and badly ignored our Supreme Court decision to apologise, and failed to make Tibetan unity, I must say he is an untrustworthy Tibetan whether he makes an apology or not. Really it’s so shameful that our Kashag is acting like [a pack] led by LS and his blinded supporters. The rest of the Kalons seems like puppets of LS.

30.

tsering, from Usa, says:on 19 November 2019 at 8:59 pm

LS think he finish law school from Havard but he himself is not following the law!! Such an Ego. What other Kashag’s were doing, they need to resign from the post for the sake of our democracy. They always goes round a talk about democracy, unity and others but they are not following the rules.
LS and Kashag need to obey the verdict or resign for the sake of unity.

Today I was watching the highlights of Day 2 of impeachment hearing against Donald Trump wherein Yovanovitch, the former Ambassador to Ukraine was saying, “I obviously don’t dispute that the President has the right to withdraw an Ambassador at anytime for any reason. But what I do wonder is, why it was necessary to smear my reputation!”

All I thought was, how similar LS is to Trump and this case of smear campaign against PT! Given that LS for god’s sake doesn’t tweet. But so does Kaydor on facebook, lest we forget his FB post against the decision of Tibetan Supreme Justice Commission.

LS and Kaydor will try and have control over some of the funds and trusts they set up in the name of Tibet’s cause. Read OOT building bought with a new trust in their own names. I wonder what would Sharling and other Kalons would get after their terms end.

27.

Jadu Lama says:on 19 November 2019 at 9:12 am

Sangay would have gotten his time of life during his second term after much ugly election that made it way to the nytimes. Remember the coverage? Then our Commander-in-chief (jk) had to think bigger picture for the “national interests”, thinking maybe giving a position to his rival might contribute to the greater good of our cause. It felt like Donald Trump sending Hilary Clinton to the UN as US Ambassador. How impossible & laughable right?

26.

Phurbu Tsering, from Toronto, says:on 19 November 2019 at 12:48 am

Everyone knows LS and his ego. There is no such trait as morality in his character. But I am very much surprised not to see any movements from the other Kalons. I have had huge respect for Kalon Pema Yangchen la and Kalon Phagpa la. Did they sell their morality too?

Karma Yeshi is another opportunist who is just a proxy kalon there. All his work are being done by Kador Aukatsang. So there is nothing to expect from Karma Yeshi.

If our elected leaders cannot uphold the Tibetan constitution, what is left there to expect from them?

Looks like rest of the kalon’s name will be written down alongside Dhadon Sharling in our history book as modern day Yama Kandens.

25.

Paljor, from Gangkyi, says:on 19 November 2019 at 9:17 am

Well said, I agree! Other Kalons have either participated in the concerted efforts of dismantling His Holiness the Dalai Lama’s legacy or have just stayed as opportunist mute spectators.

Yama Kandens all the same.

24.

Chungdak, from Herbertpur, says:on 18 November 2019 at 9:11 pm

I had some hope from Kalon Choekyong Wangchuk. Thought he would choose to do the right thing and advise LS to be right at least this time.

23.

Tador, from Dehradun, says:on 18 November 2019 at 3:02 pm

– LS cooks up outrageous and baseless allegations against PT in a cohort of his friends Sharling, Kaydor and other Kalons. This happened after PT was removed from his office.
– PT accepted the removal but rejected all allegations.
– LS dared PT to move court in number of platforms.
– PT went to court.
– Court ruled against LS and the cohort, rejecting all allegations. Court asks LS and Kashag to apologize to PT for defaming him.
– LS nominates and the parliament appoints Sonam Dagpo as Supreme Justice.
– LS as usual used his head of biggest ego accepted unwillingly the ruling but didn’t adhere to the ruling of the Supreme Justice Commission.

By doing so, LS and his group of Kalons have murdered whatever democracy principles we were able to achieve so far. LS may be emboldened to do this by the fact the he nominated Sonam Dagpo la as the Supreme Justice. LS surely believes Sonam Dagpo la will be on his side and will not open contempt proceedings against LS.

If the Court does not take suo moto action for the contempt of its order, then to save the democracy and set right precedent for all future democratic polity to come, PT should definitely file for contempt of court order. This is not for PT’s personal gain or vendetta. This is for not leaving bad precedent of so-called democratic institutes not respecting each other. This is for saving the pillars of democracy from falling.

By not observing the Tibetan Supreme Court’s verdict, this Kashag violated its constitutional oath and thus must resign immediately. They have shredded the principles of rule of law of any functioning democracy and done irreparable damage to our budding democracy in exile which was built by His Holiness the Dalai Lama and the elder generation for all these years. This Kashag’s inane acts have brought misery and discord to Tibetans and a god-sent gift to Communist China. It is so pathetic the situation we are put in by this Kashag without any needle of force from Chinese Commies. The people who had the opportunity to be very close to His Holiness are intently harming his wishes.

21.

Gang Rinpoche, from NYC, says:on 18 November 2019 at 8:05 am

This is what you get when you fire a political veteran for your personal and political gains. Now say gong-dag! #thagongdaglabjey

20.

Tenzin Kalsang, from Toronto , says:on 18 November 2019 at 7:23 am

Daveno la,
Let’s not use the Sanjor-shichag dichotomy. I cringe at those words. Better use khampa, amdo, Utsang. Let’s make it a taboo to utter these words. Anyone who speaks in these terms has no brain at all.

We had some differences in the past. But that’s old history now. In Canada, you become a Canadian after three years as newcomer immigrants.

Yes PT is hated by khampas and supported by Utsangs and amdos to a large degree, but not absolutely.

You sound like a smart man. Please be sensitive and think about the damage words can cause.

19.

Gangchenpa, from Phoenix , says:on 17 November 2019 at 4:54 am

Re Articles of the Judiciary: when and how was it adopted… were the articles made available to the six million Tibetans and how long was the comment period and who voted on adoption.

Normally the punishment has to fit the crime: in an unjust termination of employment the remedy is reinstated into job with back pay and on defamation the remedy is financial. Just curious why the judiciary article provided humiliation and removal of government as appropriate remedies.

Governments are removed by ballot not judicial decisions on a defamation case or unjust termination of an executive official.

This is a learning moment and the comments are quite interesting here. CB

18.

Sonam, from Usa, says:on 17 November 2019 at 9:44 pm

Non-compliance with the courts order/judgment amounts to contempt of court. If the Officials fail to obey the court’s direction, then the court can exercise its judicial power. Removal of the executive officer who disobeys the judgment is one of them.

17.

Bod Gangchenpa, from US, says:on 17 November 2019 at 9:25 am

Removal of government?! Dude, where are you coming from? Another world? Who asked for removal of government? Hahaha

16.

Samphel, from New York, says:on 17 November 2019 at 1:48 am

PT is absolutely within his right to file another case. He is a citizen of democratic society and polity like anybody else. He is in fact helping to save the principles of democracy and he shall definitely be admired for his conviction and perseverance.

Accountability of maintaining peace and unity in the community lies majorly on Kashag. LS and his gang should have issued the apology and closed the issue once and for all! The court didn’t ask Kashag to reinstate PT. Likewise PT didn’t question his dismissal. He had to approach the court to defend his name and dignity from the outrageous slander LS, Sharling, Kaydor, and other Kalons threw at him.

I for one am a Khampa and have always argued for LS but this issue has brought lots of shame and discomfort. I am at a loss for words these days trying to speak for LS. I voted for him but now I am not sure if that was a right decision or not. I lost a lot of sensible and reasonable friends because of this.

Please say sorry, withdraw those 10 allegations, and put an end to this. I beg of you all.

15.

Choegyal, from Neuchatel, says:on 17 November 2019 at 1:35 am

LS refusal to issue a public apology is not just an insult to the exile judiciary but to exile polity in general. In fact its a mirror-image of the plight of the exile polity glued by regional politics. If one attempts to have a glance of exile polity in retrospect, a doubt may arise whether LS is a main player or if he is just a culprit of a bigger game of local politics.

The arrogant Cabinet refusal to acknowledge its wrongdoing is disregard of democracy. Instead inflaming an already distorted society is an explicit reflection of this larger game, which is no good for the greater cause of Tibet, It’s time to wake up from this defiled local politics which is the interest of some narrow-minded politicians where in general public aligned to those fools have nothing to gain, but China will have the last laugh.

14.

Dhondup dorjrr says:on 17 November 2019 at 1:19 am

Tibetans who have gathered at LS talk in Switzerland, looks like innocent Tibetans before the Chinese soldiers first came to Tibet. Don’t know anything what is happening in our community right now. That’s how he got elected and gets away with all his wrongdoings.

13.

Dorjee Tsering, from Ladakh , says:on 16 November 2019 at 6:34 pm

This is a problem when gullible masses are always fooled by cunning people.

LS claims he has a law degree from Harvard and is an expert on International Law, but refuses to uphold the supremacy of the Supreme Justice Commission.

He claims on a world stage before an international audience that the exile Tibetan administration practice true democracy, but refuses to acknowledge the supremacy of our highest court.

He alleges in Human Right conferences and before the world media like BBC that China’s judiciary is not independent and is subservient to the Communist party (CCP), but shamelessly undermines our own Supreme Justice Commission.

So whose interest is he trying to serve?

Thank you PT for placing the Supremacy of Court from being trashed and undermined. Thank our fortune that His Holiness is still living. Otherwise you be the guest to understand what damage LS will do for us.

12.

Daveno, from Ny, says:on 16 November 2019 at 3:12 pm

Penpa Tsering has now turned himself into a toxic and divisive figure. It is better that he discreetly exit exile politics after this affair. I have seen khampas twisting their face in anger and hate at the mere mention of his name.

If Penpa runs for president in 2021, then there will be real civil war.

Khampa, Amdo, U-tsang tribalistic bias will fight. Tibetans born in Tibet will fight against shichag Tibetans who are the key support base of Penpa Tsering.

Rangzen Tibetans will vote for anyone and attack Umaylaam advocate Penpa Tsering. Social harmony will disappear like a piss in the ocean or a fart in the wind.

It is up to PT whether he disappears or not. Much depends on him if we need unity.

11.

Sonam Sangmo, from Vienna, says:on 18 November 2019 at 12:31 pm

@Daveno You and I seem to share many viewpoints but on different persons. I believe Lobsang Sangay had long ago (at least since 2016) turned himself into a highly divisive and nepotistic leader. Many other Tibetans and I believe that the best contribution LS can make to our polarised and demoralised community is by making a graceful departure from the Tibetan community after his term ends (this also includes giving up any sort of role in the Tibetan Community Development Fund).

I have seen many Utsangpas, Amdowas and some knowledgeable Khampas becoming irritated and indignant whenever they hear or see LS.

What I absolutely do not share with you is your tendency to cry wolf and raise the spectre of violence where none exists. First a clarification, a very informed one at that. Penpa Tsering has many supporters among Tibetans born in Tibet. I hope you are not mistaken that Tibetans born in Tibet are only from Khampa. We have many from Utsang and Amdo.

If we want the tribalism to end, we need to sort out the current mess which is largely created by LS and his Khampa cronies.

If Penpa Tsering chose to run for the election in 2021, by all means he can because it is his right to do so. His popularity among his support base is a testament to his leadership qualities. And by the way, no election howsoever fair and free can ensure a leader that is liked and supported by all the voters. That’s why any candidate who wins the required majority becomes the leader.

A leader’s litmus test is how he or she can work towards minimising or ending the so-called ‘social harmony’ that you seem to be so concerned about. LS has so far failed to bring unity; the latest instance being the way he responded to the judgment on Case no. 20.

10.

Wildyak, from Usa, says:on 17 November 2019 at 9:22 am

Daveno from New York,

Why does PT trigger such hate in Khampas? The answer lies in why these Khampas stand behind LS. The seed of this hatred was planted by a Khampa leader Juchen, who when alive did not dare to squeak a word against PT in public, but said in his biography published after he died that PT murdered his dear friend Kata Tulku.

The Khampa leaders could not match PT’s political clout and leadership, so they resorted to the only thing they are good at, character assassination. This reaped a tremendous dividend in inciting one of the worst characteristics of Tibetan people in general and khampas in particular, the tribalistic or sectarian cultural DNA of the Tibetan masses. LS took the second term solely on the two waves of tribalistic and Rangzen-Umey divides. LS is nothing but a Tibetan, albeit younger, version of your beloved leader whining bitch Florida Man.

9.

Kyizom, from Paris, says:on 17 November 2019 at 1:56 am

Let’s all separate! Amdowas should demand and fight for autonomy/independence separately, similarly Khampas should also campaign against China for separate Khampa land. U-tsangpas, you already have autonomous region called TAR, you already have the autonomy. Khampas, Amdowas, and U-tsangpas should establish their own government separately. Negotiate with China separately.

All issues of disunity and cholka shenkok will be over.

8.

Alexa says:on 18 November 2019 at 3:37 am

kyizom,

maybe that’s the best solution. when there’s so much discord and hate, there’s no use forcing unity.

7.

Don, from Ithaca, says:on 16 November 2019 at 1:31 pm

One thing we learn from this mess is that there is no place for compassion and understanding in the world of politics. Survival of the Fittest and the elimination of the Weakest should have been applied in the very beginning after Sangay won the hard-fought election.

6.

Namgyal, from Dharamshala, says:on 16 November 2019 at 12:07 pm

Application for enforcement of judgement under section 51 read with section 84 contempt can be filed.

5.

Sonam Tsering, from Dharamshala, says:on 16 November 2019 at 11:12 am

Yes it was wrong on the part of LS and Kashag not to issue a public apology as per the direction of TSJ. But is there a real need to stretch the issue further, going by what PT said when the ruling went in his favour?

The world knows what the judgment is. So whether Kashag apologises or not, the world knows what happened. Now insisting on public apology is nothing more than display of his egoistic self. Let the TSJ or Parliament take the matter forward. His image will improve manifold if he says that he will not insist on the apology thereby bringing the highest authority of CTA on its knees.

PT says one thing to look good but his action speaks a different language. This will further divide the community in exile and both PT and LS are equally responsible. If given a choice, we need neither LS nor PT as Sikyong. A third non-controversial figure must come forward.

4.

Tashi Dolma, from Belgium, says:on 18 November 2019 at 12:05 pm

Here you go again. This time, you are more specific in revealing your true agenda. You are trying to take advantage of the current mess by promoting your so-called “non-controversial” candidate for the next Sikyong election. You pretend to take part in this controversy but your end goal is to launch your so-called candidate for the next Sikyong election. Get a life or at least try to be a constructive voice by offering constructive ideas and criticism to solve the current mess.

3.

Sonam Tsering, from Dharamshala, says:on 21 November 2019 at 5:02 pm

I have no candidate in my mind. All I want is someone with a clean image and someone who can bind Tibetans together. Am I asking for too much? I blame both LS and PT equally for the mess we are in. It all started from their campaigning days. Even if PT wins this case, does anybody seriously think that people who have supported LS will start supporting PT? The best is that we find someone who is not at all related to this controversy.

2.

Tashi Dawa says:on 16 November 2019 at 9:42 pm

There are thousands of good citizens who knew right from the beginning that this guy is not at all fit for Sikyong’s job. But our not so well-informed citizens, who are the majority, thought an empty vessel that makes a loud sound is better and elected Lobsang Senge. Many good citizens have tried their best to stop him from getting elected again so that we don’t have to go through all these messes that he creates one after another.

When you elect an unqualified person, he doesn’t know what is right and wrong and does whatever comes in his mind like a kid. He doesn’t know the repercussions of not obeying the court’s order and the words that he used in his explanations. The words that he used may create more disharmony in the community. He will be responsible if that happens. His action here is destroying democracy by making our court useless. No one will obey the court’s verdict in future because Kashag didn’t obey it.

1.

Namgyal Kinzom, from New Jersey, says:on 16 November 2019 at 3:25 am

Bravo Tsoksur Penpa la. Please keep fighting like a brave Lion and we will follow you. Its time for all of us to come openly and fight this corrupt and despotic administration. We all have to rise up now. His Holiness has given up his political authority, so its a big time for the general mass to protect the integrity of the Tibetan administration which His Holiness has nurtured so hard for the past sixty years. We will not let this egoistic narcissist Lobsang Singay to ruin it.